| Case ID |
374b6420-1029-42c8-bbd3-4da0d8c84b26 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 352 of 2017 |
| Decision Date |
Jun 25, 2018 |
| Hearing Date |
Jun 25, 2018 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of Muhammad Javed, acquitting him of the charges of rape under section 376 of the Penal Code. The court noted that the prosecution failed to prove the case beyond reasonable doubt, as there was no reliable evidence connecting the accused to the alleged crime. The medical evidence showed no sign of rape, and the statement of the alleged victim was not recorded due to her being deemed not of sound mind. The credibility of the eyewitnesses was also questioned, leading to the conclusion that the prosecution did not establish its case adequately. The conviction and sentence imposed by the lower courts were set aside, and the accused was granted the benefit of doubt. |
| Summary |
The case revolves around the appeal of Muhammad Javed against his conviction for rape, where the Supreme Court of Pakistan reappraised the evidence presented in the lower courts. The case highlighted significant issues regarding the reliability of eyewitness testimonies, the absence of medical evidence supporting the occurrence of rape, and the lack of a recorded statement from the alleged victim. The court underscored the importance of proving guilt beyond reasonable doubt, leading to the acquittal of the accused. This case is pivotal in understanding the standards required for conviction in sexual assault cases, emphasizing the necessity of credible evidence and the implications of the benefit of doubt in judicial proceedings. The judgment serves as a critical reference for similar cases, reinforcing the need for thorough investigations and the presentation of compelling evidence in rape allegations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA,
IJAZ UL AHSAN,
SYED MANSOOR ALI SHAH
|
| Lawyers |
Hammad Akbar Wallana,
Ahmad Raza Gillani
|
| Petitioners |
MUHAMMAD JAVED
|
| Respondents |
THE STATE
|
| Citations |
2019 SLD 3417,
2019 SCMR 1920
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
376
|